How To Fight A DUI Charge
March 20, 2019
Being convicted of a DUI charge can have a major impact on your life. Depending on the specifics of your charge and your criminal history, you could be facing significant fines or even jail time. You are almost sure to have your license suspended, potentially for many months, and your insurance premiums will skyrocket.
With that said, just because you are pulled over and charged with drunk driving, that doesn’t necessarily mean you’ll be convicted. There are actually a number of approaches that a skilled DUI attorney can take to have your charges either lessened or tossed out.
Fighting a Drunk Driving Charge
Here are just a few of the ways in which your DUI lawyer might try to prevail in your case.
No probable cause for the traffic stop. The police cannot stop, detain, or arrest you without probable cause to do so—and if that probable cause can’t be furnished, the case may be tossed out.
Faulty breath test. As you may already know, those who get pulled over on DUI suspicions are often encouraged to take a breath test to measure their blood alcohol content—but these tests are far from perfect, and your attorney may argue for a misleading result or an improperly administered test.
Medical conditions. Believe it or not, there are certain medical conditions—including those linked to heartburn and acid reflux—that can interfere with the accuracy of breath tests. If you have one of these conditions, your lawyer will very likely bring it up in court.
Diet. This, too, may surprise you, but certain diets—including diabetic diets—can sometimes register false positives on BAC tests. Again, this is something your attorney can use to exonerate you!
The use of field sobriety tests. Sometimes, the arresting officer may ask you to take what’s legally known as a field sobriety test—for example, you may be asked to walk heel-to-toe in a straight line. These tests are famously unreliable, however, and even people who are totally sober may fail them. If you take a field test and that’s used against you in court, your attorney may try to argue that the test itself was faulty.
Disparity between your BAC and level of impairment. Simply put, when there is a gap between your BAC reading and how intoxicated you act, it’s problematic. If you register a high BAC but show no signs of impaired driving, for example, that may suggest a false test result.
You weren’t driving. This may sound silly, but the police don’t merely have to prove that you were drunk; they also have to prove that you were driving. If you’re found intoxicated in a parked car, for instance, but nobody saw you drive it, then there is really no case against you.
Police misconduct. Finally, note that your DUI will get thrown out if there is evidence of police misconduct—such as an inaccurate report or untruthful testimony in the court room.
Find a DUI Lawyer Who Will Champion Your Rights
Everyone has a right to a fair trial and aggressive representation. If you have been accused of drunk driving, that doesn’t always mean you will be convicted—especially not if you hire an experienced DUI attorney.
Davis-Jones Law provides DUI representation to individuals in the Austin area. We are known for the skilled but aggressive representation we offer our clients. If you have been arrested on drunk driving charges and need someone to fight for your innocence, contact our law office as soon as you can.